[EMEA] Proposed changes to European Works Council Directive

Changes have been proposed to the European Works Council Directive of 6 May 2009. The Directive defines when and how such Councils must be put in place and their right to be informed and/or consulted on transnational issues. Mondaq summarises the future revisions.

According to Mondaq proposed changes include requiring companies to:

• Consult the European Works Council not only when employees in more than one country are directly affected by the measures taken and also when the measures only directly impact the employees in one country but could indirectly impact employees in one or more other countries.
• Consult the European Works Council before any decision is taken - at present only the case in 20 per cent of consultations - and provide a detailed response to the opinion rendered by the European Works Council on transnational issues before taking any decision.
• Provide explanations whenever confidentiality restrictions are invoked to limit the transmission of information to the European Works Council.
• Provide details of the resources allocated to the European Works Council; the budget must be used for training, legal costs and hiring experts.
• Organise a minimum of two meetings per year (already the norm).

Proposed changes reportedly include requiring member states to take measures to:

• Ensure gender balance in the special negotiation group set up to negotiate the European Works Council collective agreement and the designation of future members. Something Mondaq says could potentially be difficult to achieve when a country is only entitled to nominate one member to sit on the European Works Council.
• Facilitate access to legal and administrative remedies by European Works Councils.

The European Commission's draft has yet to be examined by the European Parliament and the Member States and the calendar of activities is still to be determined.

Source: Mondaq

Changes have been proposed to the European Works Council Directive of 6 May 2009. The Directive defines when and how such Councils must be put in place and their right to be informed and/or consulted on transnational issues. Mondaq summarises the future revisions.

According to Mondaq proposed changes include requiring companies to:

• Consult the European Works Council not only when employees in more than one country are directly affected by the measures taken and also when the measures only directly impact the employees in one country but could indirectly impact employees in one or more other countries.
• Consult the European Works Council before any decision is taken - at present only the case in 20 per cent of consultations - and provide a detailed response to the opinion rendered by the European Works Council on transnational issues before taking any decision.
• Provide explanations whenever confidentiality restrictions are invoked to limit the transmission of information to the European Works Council.
• Provide details of the resources allocated to the European Works Council; the budget must be used for training, legal costs and hiring experts.
• Organise a minimum of two meetings per year (already the norm).

Proposed changes reportedly include requiring member states to take measures to:

• Ensure gender balance in the special negotiation group set up to negotiate the European Works Council collective agreement and the designation of future members. Something Mondaq says could potentially be difficult to achieve when a country is only entitled to nominate one member to sit on the European Works Council.
• Facilitate access to legal and administrative remedies by European Works Councils.

The European Commission's draft has yet to be examined by the European Parliament and the Member States and the calendar of activities is still to be determined.

Source: Mondaq